Walton v. State

Full title: WILEY WALTON, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Feb 14, 2001

777 So. 2d 1170 (Fla. Dist. Ct. App. 2001)

Opinion

Case No. 3D99-2599

Opinion filed February 14, 2001.

An Appeal from the Circuit Court for Miami-Dade County, Manuel A. Crespo, Judge.

Spencer Klein, and David M. Tarlow, for appellant.

Robert A. Butterworth, Attorney General, and Roberta G. Mandel, for appellee.

Before SCHWARTZ, C.J., and LEVY, and GERSTEN, JJ.

PER CURIAM.

Wiley Walton ("defendant") appeals his convictions and sentences after he robbed a retail store. We reverse on the conviction for armed burglary, because the incident occurred while the store was open to the public. See Miller v. State, 733 So.2d 955 (Fla. 1998); Harrell v. State, 765 So.2d 962 (Fla. 3d DCA 2000). The remaining convictions and sentences are affirmed in all respects.

Reversed in part; affirmed in part.